HomeMy Public PortalAboutAgreement_2010-07-01_Habitat for HumanityPROJECT AGREEMENT
Brush with Kindness
(OWNER -OCCUPIED REHABILITATION PROGRAM)
Parties
Sponsor: COMMUNITY REDEVELOPMENT AGENCY OF
TEMPLE CITY
Contractor: San Gabriel Valley Habitat for Humanity, Inc.
A California nonprofit corporation
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Project Agreement
Owner Occupied Rehabilitation Program for a Brush With Kindness (BWK) Program Project ($50,000)
This Project Agreement is made as of July 1, 2010 by and between the Community Redevelopment
Agency of Temple City, a public entity ("Sponsor") and San Gabriel Valley Habitat for Humanity, a
California non-profit corporation ("Contractor")
RECITALS
A. Sponsor wishes to assist lower income households with making exterior home improvements to
their properties resulting in the enhancement of the community.
B. Sponsor has Low and Moderate Income Housing Funds, established pursuant to Health & Safety
Code Section 33334.2, that are set-aside for the purpose of increasing, improving and preserving
the City's supply of low and moderate income housing.
C. Contractor proposes to work with at least five (5) lower income households within the City of
Temple City to make improvements to their homes.
D. Contractor wishes to receive from Sponsor and Sponsor wishes to extend to Contractor a grant of
Low and Moderate Income Housing Funds to support the Project. This grant is made to support
the costs associated with the BWK program and the improvements to the tower Income
Households.
NOW THEREFORE, IN CONSIDERATION of the mutual agreements, obligations, and representations,
and in further consideration for the making of the Grant, Sponsor and Contractor hereby agree as follows:
ARTICLE 1. DEFINITIONS
The following terms have the meanings and content set forth in this section wherever used in this
Project agreement, attached Exhibits, or documents incorporated into this Project agreement by
reference.
1.1 "CONTRACTOR" is San Gabriel Valley Habitat for Humanity, a California non-profit corporation and
its authorized representatives, assigns, transferees, or successors -in -interest thereto.
1.2 "PROJECT BUDGETS" mean the individual budgets for the scope of work to be done at each Eligible
Purchaser residence, including required permits and fees, labor and material costs, supervision of SGV
Habitat for Humanity volunteers, and any administrative costs necessary to fulfill the terms of this
Agreement. Said Budgets shall be prepared and submitted to Sponsor's Community Development
Department prior to the commencement of each BWK residence.
1.3 "CERTIFICATE OF COMPLETION" means a certificate issued to Contractor by Sponsor after the
completion of the improvements to each home pursuant to the terms of this Project agreement. A
Certificate of Completion shall be issued for each individual BWK home.
1.4 "COMMENCEMENT OF CONSTRUCTION" means the time Contractor or Contractor's construction
contractor begin substantial physical construction work at each selected residence, including site
preparatory work, beyond maintenance of the residence in its status quo condition. Such work shall not
include work related solely to remediation of Hazardous Materials.
1.5 "ELIGIBLE COSTS" means those Project costs for which Grant proceeds may be used, as
specified in the Project Budgets.
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1.6 "ELIGIBLE PURCHASER" means the head of a Lower Income Household who shall certify to
Contractor that the household is lower-income and that the residence for the BWK Project is and shall
continue to be the household's principal residence for a period of at least three (3) years following the
completion of the BWK Project. The Eligible Purchaser shall further agree to cooperate with and assist in
the BWK renovation work to the extent he/she is able.
1.7 "SPONSOR" is the Community Redevelopment Agency of Temple City, a public entity, and its
authorized representatives, officers, officials, directors, employees and agents.
1.8 "GRANTS" means the funds provided by Sponsor to Contractor made pursuant to this Project
Agreement.
1.9 "PROJECT AGREEMENT" OR "AGREEMENT" means this agreement entered into between
Sponsor and Contractor
1.10 "LOWER INCOME HOUSEHOLD" shall mean a household or individual whose annual income
does not exceed eighty percent (80%) of the median income for the Los Angeles Metropolitan area as
determined by HUD guidelines including number of family members residing in the household.
1.11 "PROJECT" means the improvement of at least five (5) single-family, owner -occupied, lower-
income residences in accordance with the terms of this Project Agreement.
ARTICLE 2. TERMS OF AGREEMENT
2.1 GRANT. Sponsor agrees to provide funds to Contractor under the terms and conditions of this
Agreement. This funding shall be used by Contractor solely for Eligible Costs.
2.2 AMOUNT OF GRANT. On and subject to the terms and conditions of this Agreement, Sponsor
agrees to make and Contractor agrees to accept a grant in an amount not to exceed FIFTY THOUSAND
DOLLARS ($50,000), to be disbursed as provided in Article 3 of this Agreement..
2.3 TERM OF THE GRANT. Contractor must identify the residences to be improved through the BWK
Program within twelve (12) months of execution of this Agreement and the improvements to the
residences shall be completed no later than twenty four (24) months of the execution of this Agreement.
This Term may be extended by mutual agreement of Sponsor and Contractor.
2.4 USE OF FUNDS. Grant proceeds may be used only for those costs specified in the Project Budgets
as well as any revisions to the Budgets that are approved in writing by Sponsor.
ARTICLE 3. GRANT DISBURSEMENT
3.1 CONDITIONS PRECEDENT TO INITIAL DISBURSEMENT. Sponsor shall not be obligated to make
any disbursements of the grant proceeds or take any other action under this agreement unless all of the
following conditions precedent are satisfied:
A. There exists no Event of Default nor any act, failure, omission, or condition that would constitute
an Event of Default by the Contractor.
B. Contractor shall provide Sponsor with proof of adequate insurance coverage.
C. Contractor shall provide background information and a proposed Project Budget to Sponsor for
each eligible BWK residence selected within the project area.
3.2 DISBURSEMENT OF GRANT PROCEEDS. The grant funds will be disbursed to contractor as each
residence is selected for improvement under the Project. Upon the selection of each residence to be
improved and the submission of the Project Budget for that residence, the Contractor will receive Five
Thousand Dollars ($5,000). After the improvement of each residence is complete and the Contractor
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receives a Certificate of Completion from Sponsor, Sponsor will reimburse Contractor for the remainder of
Contractor's expenses accounted for in the Project Budget, up to five thousand dollars ($5,000).
To obtain a Certificate of Completion, Contractor shall provide Sponsor with the following:
A. An accounting of all expenses related to the improvements.
B. Receipts for expenses paid.
C. Time sheets for all labor expenses,
D. Before and after pictures of the units depicting the work performed on the unit.
E. Identification of all donated items and labor.
F. BWK Homeowners Application and documentation regarding the eligibility of each homeowner
qualified to participate.
G. Evidence of objective selection criteria and ranking for all qualified applicants.
3.3 DEFAULT. In the Event of Default, Contractor shall return any unused funds to Sponsor.
ARTICLE 4. PREDEVELOPMENT
4.1 CITY AND OTHER GOVERNMENTAL AGENCY PERMITS. Before commencement of any work on
the Project, the Contractor shall secure or shall cause to be secured, and at all times maintain, any and
all permits, approvals, and reviews which may be required by the Sponsor or any other governmental
agency. Contractor shall pay all fees as maybe required in connection therewith. The Project shall be
developed in accordance with applicable State and Local building codes or, in the absence of such
codes, in accordance with a nationally recognized model building code.
ARTICLE 5. DEVELOPMENT OF PROJECT
5.1 LOCAL, STATE AND FEDERAL LAWS. Contractor shall carry out the construction of the
improvements in conformity with all applicable laws, including all applicable federal and state labor
standards. The Contractor shall be responsible for complying with all applicable City, County and State
building codes, and planning and zoning requirements, and shall take all necessary steps so that the
development of the Site and the construction, use, operation, and maintenance of the improvements
thereon in accordance with the provisions of this Project agreement shall be in conformity with applicable
zoning and General Plan requirements, and that all applicable environmental mitigation measures and
other requirements shall have been complied with.
5.2 SCOPE OF WORK. Sponsor will provide grant funds of up to fifty thousand dollars ($50,000), not to
exceed ten thousand dollars ($10,000) per household, to Contractor for the items listed in each Project
Budget.
5.3 COMPLETION OF CONSTRUCTION. Following commencement of construction, Contractor shall
diligently prosecute construction of the Project to completion as evidenced by the issuing the Certificate of
Completion for each home improved. Each home improved shall not have a construction period
exceeding 100 days.
5.4 SCHEDULING AND EXTENSIONS OF TIME. It shall be the responsibility of Contractor to
coordinate and schedule the work to be performed so that commencement and completion will take place
in accordance with the provisions of this Project Agreement. Sponsor may extend the time for
commencement or completion in its sole and absolute discretion in writing if it determines that delay in the
progress of work is not attributable to the negligence of Contractor and that such delay was due to causes
beyond the control of Contractor. Any time extension granted to Contractor to enable Contractor to
complete the work shall not constitute a waiver of any other rights Sponsor has under this Project
agreement.
5.5 QUALITY OF WORK. Contractor shall construct the Project in conformance with industry standards
and shall employ building materials of a quality suitable for the requirements of the Project, Contractor
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shall develop the Project in full conformance with applicable local, state, and federal statutes, regulations,
and building and housing codes.
5.6 ADDITIONS OR CHANGES 1N WORK. Sponsor must be notified in a timely manner of any changes
in the work required to be performed under this Project Agreement, including any additions, changes, or
deletions.
5.7 INVOLVEMENT BY HOMEOWNER. The homeowner(s) is/are required to be active participants in
the improvement of their home, to the extent he or she is able
5.8 MAINTENANCE OF RECORDS, RIGHT TO INSPECT AND COPY.
A. The Contractor agrees to keep and maintain books, accounts, reports, files, records (including
records pertaining to race, color, creed, sex, and national origin of tenants and applicants; and
books of original entry, source documents supporting accounting transactions, service records,
general ledger, canceled checks, and other documents relating to the receipt and disbursement
of all funds and performance under this Project agreement in accordance with this Project
agreement and any other implementing laws, rules, and regulations. Contractor shall maintain
copies of such books and records in a location that is within twenty five LZ51 miles of the Site.
B. At all reasonable times and following reasonable notice to the Contractor, any duly authorized
representative of the Sponsor or the Auditor General of the State of California shall have access
to and the right to inspect, copy, audit, and examine all such books, records, accounts, reports,
files, and other documents of the Contractor until completion of all close-out procedures and final
settlement and conclusion of all issues.
C. The Contractor shall furnish such statements, records, reports, including litigation reports, data,
and other information as the Sponsor may from time to time reasonably request.
D. The Contractor shall retain non-discrimination records on applicants for at least twenty five (25)
months following the date the record was made. All other records that are required to be retained
under this Section shall be retained for a period of three 3 years or until such time as audit
findings have been resolved, whichever is later.
E. The Contractor shall provide complete information and documentation regarding each
homeowner including all income information, address, name, etc.
5.9 CONSTRUCTION RESPONSIBILITIES. Contractor shall be solely responsible for all aspects of the
Project. Contractor's conduct in connection with the Project, including, but not limited to, the quality and
suitability of the Plans and Specifications, the supervision of construction work, and the qualifications,
financial conditions, and performance of all architects, engineers, contractors, subcontractors, suppliers,
consultants, and property managers. Sponsor is under no duty to review the Plans and Specifications or
to inspect construction of the Project. Any review or inspection undertaken by Sponsor with reference to
the Project is solely for the purpose of determining whether Contractor is properly discharging its
obligations to Sponsor, and should not be relied upon by Contractor or by any third parties as a warranty
or representation by Sponsor as to the quality of the design or construction of the Project.
5.10 MECHANICS LIENS AND STOP NOTICES. If any claim of lien is filed against the Property or a
stop notice affecting the Grant is served on Sponsor, Contractor shall, within twenty (20) days of such
filing or service, either pay and fully discharge the lien or stop notice, effect the release of such lien or
stop notice by delivering to Sponsor a surety bond in sufficient form and amount, or provide Sponsor with
other assurance satisfactory to Sponsor that the claim of lien or stop notice will be paid or discharged.
If Contractor fails to discharge any lien, encumbrance, charge, or claim referred to herein, then in
addition to any other right or remedy, Sponsor may, but shall be under no obligation to, discharge the
same at Contractor's expense. Alternatively, Sponsor may require Contractor to immediately deposit with
Sponsor the amount necessary to satisfy such lien or claim and any costs, pending resolution thereof.
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Sponsor may use such deposit to satisfy any claim or lien that is adversely determined against
Contractor.
Contractor shall file a valid Notice of Cessation or Notice of Completion upon cessation of
construction on the Project for a continuous period of thirty (30) days or more, and take all other
reasonable steps to forestall the assertion of claims of lien against the Property. Contractor authorizes
Sponsor, but without any obligation, to record any notices of completion or cessation of labor, or any
other notice that Sponsor deems necessary or desirable to protect its interest in the Project and Property;
provided, however, that Sponsor shall exercise this right only if and when Contractor fails to take action
as required.
5.11 BARRIERS TO THE DISABLED. Contractor shall comply with all applicable federal, state, and
local requirements for access for disabled persons if such compliance is noted and approved as part of
the Scope of Work of the Project.
ARTICLE 6. SELECTION OF HOUSEHOLDS
6.1 SELECTION OF HOUSEHOLDS. Contractor shall select 5 eligible households, after consultation
with the Sponsor, located within the City of Temple City. If more than five households are eligible,
Contractor shall select the households with the greatest need.
6.2 ELIGIBLE HOUSEHOLDS. A household is eligible for selection by the program if the residents are
the owner occupants of the home, and the total household income is less than 80% of the Area Median
Income as published by the Department of Housing and Urban Development (HUD). Each Eligible
Household shall provide Contractor with an application in the form of Exhibit A, and Contractor shall
determine if the household is income -eligible based on the guidelines above. Willingness to partner with
SGV Habitat for Humanity throughout the BWK Project is also required.
6.3 OBLIGATION TO REFRAIN FROM DISCRIMINATION. There shall be no discrimination against or
segregation of any person, or group of persons, on account of race, color, religion, creed, sex, sexual
preference or orientation, national origin, ancestry, physical handicap, medical condition, age, or marital
status.
ARTICLE 7. EMPLOYMENT
7.1 NONDISCRIMINATION. The Contractor shall comply with the nondiscrimination and affirmative
action provisions of the laws of the United States of America, the State of California, and the Sponsor. In
performing this Project agreement, the Contractor shall not discriminate in its employment practices
against any employee or applicant for employment because of such person's race, color, religion, creed,
sex, sexual preference or orientation, national origin, ancestry, physical handicap, medical condition, age,
or marital status.
7.2 AMERICANS WITH DISABILITIES ACT. The Contractor hereby certifies that it and any contractor
and subcontractor will comply with the Americans with Disabilities Act 42, U.S.C. Section 12101 et seq.,
and its implementing regulations at 24 CFR part 8. The Contractor and any contractor and subcontractor
for the project will provide reasonable accommodations to allow qualified individuals with disabilities to
have access to and to participate in its programs, services, and activities in accordance with the
provisions of the Americans with Disabilities Act, The Contractor and any contractor and subcontractor
will not discriminate against persons with disabilities nor against persons due to their relationship to or
association with a person with a disability. Any contract and subcontract entered into by the Contractor
and any contractor and subcontractor, relating to this Project agreement and project, to the extent allowed
hereunder, shall be subject to the provisions of this paragraph.
ARTICLE 8. INSURANCE
Contractor shall cause to have in full force and effect during development of the Project the insurance
coverage specified in Exhibit B to this Project Agreement, which is hereby incorporated into this Project
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agreement by this reference. Sponsor shall be included as an additional insured. A certificate or other
evidence of coverage shall be provided to Sponsor prior to Commencement of Construction.
ARTICLE 9. DEFAULT AND REMEDIES
9.1 EVENTS OF DEFAULT. The occurrence of any of the following events shall constitute an "Event of
Default" under this Grant:
A. Construction, 1) Contractor's or any agent of Contractor's material deviation in the work of
construction specified In the Plans and Specifications (Scope of Work) submitted to Sponsor,
without Sponsor's prior written consent; 2) Contractor's or any agent of Contractor's use of
defective or unauthorized materials or defective workmanship in constructing the Project; 3)
Contractor's or any agent of Contractor's failure to commence of complete construction, without
proper justification under the enforced delay provision of this Project agreement, according to the
construction schedule specified in this Project agreement; 4) the cessation of construction prior to
completion of the Project for a period of more than twenty (20) continuous calendar days other
than for weather changes, etc; 5) any material adverse change in the condition of Contractor or
the Project or any other event that gives Sponsor reasonable cause to believe that the Project
cannot be constructed by the scheduled completion date according the terms of this Project
agreement; 6) the filing of any claim of lien against the Property or service on Sponsor of any stop
notice relating to the Grant and the continuance of the claim of lien or stop notice for twenty (20)
days after such filing or service without payment discharge or satisfaction as provided for in this
Project agreement; 7) Contractor's or any agent of Contractor's failure to remedy any deficiencies
in record keeping or failure to provide records to Sponsor upon Sponsor's request; 8) Contractor's
or any agent of Contractor's failure to substantially comply with any federal, state, or local laws or
Sponsor policies governing construction, including but not limited to provisions of this Project
agreement pertaining to prevailing wages affirmative action and equal employment opportunity,
minority and female owned business enterprises, disabled access, lead paint and Hazardous
Materials;
B. Operation. 1) discrimination by Contractor or Contractor's agent on the basis of characteristics
prohibited by this Project agreement or applicable law; 2) the imposition of any encumbrances or
liens on the Property without Sponsor's prior written approval that are prohibited under this
Project agreement or that have the effect of reducing the priority of or invalidating the Deed of
Trust; 3) any material adverse change in the condition of Contractor or the Project or permanent
financing or funding for the Project that gives Sponsor reasonable cause to believe that the
Project cannot be operated according the terms of the Project Agreement,
C. General performance of Grant obligations. Any substantial or continuous breach by Contractor or
Contractor's agents of any material obligations on Contractor imposed in the Project Agreement;
General performance of other obligations. Any substantial or continuous breach by Contractor or
Contractors agents of any material obligations on Contractor imposed by any other agreements
with respect to the financing development or operation of the Project or the Property, whether or
not Sponsor is a party to such agreement;
D. Representations and warranties. Any of Contractor's representations or warranties made in the
Project Agreement, any statements made to Sponsor by Contractor, or any certificates,
documents, or schedules supplied to Sponsor by Contractor were untrue in any material respect
when made, or that Contractor concealed or failed to disclose a material fact from Sponsor;
E. Bankruptcy, dissolution, and insolvency. Contractor's or any general partner of Contractors 1)
filing for bankruptcy, dissolution, or reorganization, or failure to obtain a full dismissal of any such
involuntary filing brought by another party before the earlier of final relief or sixty (60) days after
the filing; 2) malting a general assignment for the benefit of creditors; 3) applying for the
appointment of a receiver, trustee, custodian, or liquidator, or failure to obtain a full dismissal of
any such involuntary application brought by another party before the earlier of final relief or sixty
(60) days after the filing; 4) insolvency; 5) failure, inability or admission in writing of its inability to
pay its debts as they become due.
9.2 NOTICE OF DEFAULT AND OPPORTUNITY TO CURE. For non -monetary Events of Default,
Sponsor shall give written notice to Contractor or Contractor's agent of any Event of Default by specifying:
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A) the nature of the event or deficiency giving rise to the Default, B) the action required to cure the
deficiency, if an action to cure is possible, and C) a date, which shall not be less than thirty (30) calendar
days from the mailing of the notice, by which such action to cure must be taken.
9.3 SPONSOR'S REMEDIES. Upon the happening of an Event of Default and a failure to cure said
Default within the time specified in the notice of default (if an action to cure is specified in said notice),
Sponsor's obligation to disburse Grant proceeds shall terminate, and Sponsor may also, in addition to
other rights and remedies permitted by the Project Agreement or applicable law, proceed with any or all of
the following remedies in any order or combination Sponsor may choose in its sole discretion:
A. Terminate this Project agreement.
B. Bring an action for equitable relief 1) seeking the specific performance by Contractor of the terms
and conditions of the Project Agreement, and/or 2) enjoining, abating, or preventing any violation
of said terms and conditions, and/or 3) seeking declaratory relief;
C. Enter the Property and take any actions necessary in its judgment to complete construction of the
Project, including without limitation 1) making changes in the Plans and Specifications or other
work or materials with respect to the Project, 2) entering into, modifying, or terminating any
contractual arrangements (subject to Sponsor's right at any time to discontinue work without
liability), and 3) taking any remedial actions with respect to Hazardous Materials that Sponsor
deems necessary to comply with Hazardous Materials Laws or to render the Property suitable for
occupancy;
D. Seek appointment from a court of competent jurisdiction of a receiver with the authority to
complete construction as needed to preserve Sponsor's interest in seeing the Project developed
in a timely manner (including the authority to take any remedial actions with respect to Hazardous
Materials that Sponsor or the receiver deems necessary to comply with Hazardous Materials
Laws or to render the Property suitable for occupancy);
E. Order immediate stoppage of construction and demand that any condition leading to the Event of
Default be corrected before construction may continue;
9.4 CONTRACTOR'S REMEDIES. Upon the fault or failure of Sponsor to meet any of its obligations
under the Project Agreement, Contractor may perform any or all of the following:
A. Demand payment from Sponsor of any sums due Contractor;
B. Bring an action for equitable relief seeking the specific performance by Sponsor of the terms and
conditions of the Project Agreement;
C. Pursue any other remedy allowed at law or in equity.
ARTICLE 10. GENERAL PROVISIONS
10.1 CONTRACTOR'S WARRANTIES. Contractor represents and warrants A) that it has access to
professional advice and support to the extent necessary to enable Contractor to fully comply with the
terms of this Project Agreement, and to otherwise carryout the Project, B) that it is duly organized, validly
existing and in good standing under the laws of the State of California, C) that it has the full power and
authority to undertake the Project and to execute the Project Agreement, D) that the persons executing
and delivering the Project Agreement are authorized to execute and deliver such documents on behalf of
Contractor and E) that Contractor has performed the necessary predevelopment tasks to enable
construction of the Project to be completed within twenty-four (24) months from the effective date of this
agreement.
10.2 PROJECT MONITORING AND EVALUATION. Except as otherwise provided for in this Project
agreement, Contractor shall maintain and submit records to Sponsor within ten (10) business days of
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Sponsor's request which clearly document Contractor's performance under each requirement of the
Project Agreement.
10.3 CONFLICTS OF INTEREST. Contractor covenants that none of its directors, officers, employees,
or agents shall participate in selecting, or administering any of its subcontracts supported (in whole or in
part) by Federal funds where such person is a director, officer, employee, or agent of the subcontractor,
or where such person knows or should have known that:
1 A member of such person's immediate family or domestic partner, or organization has a
financial interest in the subcontract;
2. The subcontractor is someone with whom such person has or is negotiating any prospective
employment; or
3. The participation of such persons would be prohibited by the California Political Reform Act,
California Government Code Section 87100, et seq., if such person were a public officer,
because such person would have a "financial or other interest" in the subcontract.
A. Definitions
1. The term "immediate family" includes, but is not limited to domestic partner and/or those
persons related by blood or marriage, such as husband, wife, father, mother, brother, sister,
son, daughter, father-in-law, mother-in-law, brother-in-law, son-in-law, and daughter-in-law, his
or her significant other and his or her domestic partner.
2. The term "financial or other interest includes: but is not limited to;
a. Any direct or indirect financial interest in the specific contract, including a commission or
fee, a share of the proceeds, prospect of a promotion or of future employment, a profit, or
any other form of financial reward.
b. Any of the following interests in the subcontractor ownership: partnership interest or other
beneficial interest of five percent (5%) or more; ownership of five percent (5%) or more of
the stock; employment in a managerial capacity; or membership on the board of directors
or governing body.
B. For further clarification of the meaning of any of the terms used herein, the parties agree that
references shall be made to the guidelines, rules, and laws of the City of Temple City, State of
California, and Federal regulations regarding conflict of interest.
C. Contractor further covenants that no officer, director, employee, or agent shall solicit or accept
gratuities, favors, or anything of monetary value from an actual or potential subcontractor,
supplier, a party to a sub -agreement, (or persons who are otherwise in a position to benefit from
the actions of any officer, employee, or agent).
D. Contractor shall not subcontract with a former director officer or employee within a one (1) year
period following the termination of the relationship between said person and the contractor.
E, Prior to obtaining the Sponsor's approval or any subcontract, the Contractor shall disclose to the
Sponsor any relationship, financial, or otherwise, direct or indirect, of the Contractor or any of its
officers, directors, or employees or their immediate family with the proposed subcontractor and its
officers, directors or employees. In the event that such a relationship exists, Contractor shall
obtain prior approval from Sponsor for such any subcontract.
F. Contractor warrants that it has not paid or given and will not pay or give to any third person any
money or other consideration for obtaining this Agreement.
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G. Contractor covenants that no member, officer, or employee of Contractor shall have any interest,
direct or indirect, in any contract or subcontract or the proceeds thereof for work to be performed
in connection with this Project during his or her tenure as such employee, member or officer or for
one u year thereafter.
H. Contractor may not hire a person in an administrative capacity, staff position, or on-the-job
training position with funds provided by this Project agreement if a member of that person's
immediate family is engaged in an administrative capacity for the Contractor. A person in an
administrative capacity is a person who either has an overall administrative responsibility for a
program, or has responsibility for the direction, hiring, or fiscal integrity of the Contractors
program.
I. The above restrictions shall apply now and in the future to all activities that are a part of this
Project agreement and Project and shall cover any such interest or benefits during or at any time
after such person's tenure.
10.4 POLITICAL ACTIVITY. None of the funds, materials, property, or services contributed by Sponsor
Or Contractor under this Project agreement shall be used for any partisan political activity or'the election
or defeat of any candidate for public office.
10.5 PUBLICITY. Any publicity generated by Contractor for the Project during the term of this Grant and
for one (1) year thereafter shall make reference to the contribution of Sponsor in making the Project
possible. The words "Temple City Community Development and Housing Authority" will be prominently
displayed in any and all pieces of publicity, including but not limited, to flyers, press releases, posters,
signs, brochures, public service announcements, interviews, and newspaper articles. Sponsor's staff will
be available whenever possible at the request of Contractor to assist Contractor in generating publicity for
the Project. Contractor further agrees to cooperate with authorized staff and officials of Sponsor in any
Sponsor -generated publicity or promotional activities undertaken with respect to the Project.
10.6 TERM OF THIS PROJECT AGREEMENT. This Agreement shall commence on the date of
execution and remain in full force and effect throughout the term of this Grant.
10.7 UNAVOIDABLE DELAY IN PERFORMANCE. The time for performance of provisions of this
Project agreement by either party shall be extended for a period equal to the period of any delay directly
affecting the Project or this Project agreement which is caused by: war; insurrection; strikes; lock -outs;
riots; floods; earthquakes; fires; casualties; acts of God; acts of a public enemy; epidemics; quarantine
restrictions; freight embargoes; lack of transportation; suits filed by third parties concerning or arising out
of this Project agreement or challenging the Project; or unseasonable weather conditions. An extension
of time for any of the above-specified causes will be deemed granted only if written notice by the party
claiming such extension is sent to the other party within ten (10) calendar days from the commencement
of the cause, and such extension of time is either accepted by the other party in writing, or is not rejected
in writing by the other party within ten (10) calendar days of receipt of the notice. Times of performance
under this Project agreement may also be extended for any cause for any period of time by the mutual
written agreement of Sponsor and Contractor.
10.8 GOVERNING LAW. The Project Agreement shall be interpreted under and be governed by the
laws of the State of California, except for those provisions relating to choice of law or those provisions
preempted by federal law.
10.9 STATUTORY REFERENCES. All references in the Project Agreement to particular statutes,
regulations, ordinances, or resolutions of the United States the State of California, or the City of Temple
City shall be deemed to include the same statute, regulation, ordinance, or resolution as hereafter
amended or renumbered, or if repealed, to such other provisions as may thereafter govern the same
subject as the provision to which specific reference was made.
10.10 TIME. Time is of the essence in this Project Agreement.
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RIV #4828.0955-9814 v1
10.11 CONSENTS AND APPROVALS. Any consent or approval of Sponsor required under the Project
Agreement shall not be unreasonably withheld.
10.12 NOTICES, DEMANDS AND COMMUNICATIONS. Formal notices, demands, and
communications between Contractor and Sponsor shall be sufficiently given and shall not be deemed
given unless dispatched by registered or certified mail, postage prepaid, return receipt requested, or
delivered personally, to the principal offices of Contractor and Sponsor as follows:
SPONSOR: Temple City Community Redevelopment Agency
9701 Las Tunas Drive
Temple City CA 91780
CONTRACTOR:
San Gabriel Valley Habitat for Humanity, Inc.
400 South Irwindale Ave.
Azusa CA 91702
10.13 BINDING UPON SUCCESSORS. All provisions of this Project Agreement shall be binding upon
and inure to the benefit of the heirs, administrators, executors, successors -in -interest, transferees, and
assigns of each of the parties; provided, however, that this section does not waive the prohibition on
assignment of this Project agreement by Contractor without Sponsor's consent. The term "Contractor" as
used in this Project Agreement shall include all such assigns, successors -in -interest, and transferees.
10.14 RELATIONSHIP OF PARTIES. The relationship of Contractor and Sponsor for this Project shall
not be construed as a joint venture, equity venture, partnership, or any other relationship. Sponsor
neither undertakes nor assumes any responsibility or duty to Contractor (except as provided for herein) or
any third party with respect to the Project, the Property, or the Grant. Except as Sponsor may specify in
writing, Contractor shall have no authority to act as an agent of Sponsor or to bind Sponsor to any
obligation.
10.15 ASSIGNMENT AND ASSUMPTION. Contractor shall not assign any of its interests under this
Project agreement or the Project Agreement to any other party, except as specifically permitted under the
terms of the Project Agreement, without the prior written consent of Sponsor. Any unauthorized
assignment shall be void.
10.16 WAIVER. Any waiver by Sponsor of any obligation in this Project Agreement must be in writing.
No waiver will be implied from any delay or failure by Sponsor to take action on any breach or default of
Contractor or to pursue any remedy allowed under the Project Agreement or applicable law. Any
extension of time granted to Contractor to perform any obligation under the Project Agreement shall not
operate as a waiver or release from any of its obligations under the Project Agreement. Consent by
Sponsor to any act or omission by Contractor shall not be construed to be consent to any other or
subsequent act or omission or to waive the requirement for Sponsor's written consent to future waivers,
10.17 INTEGRATION. This Project agreement, including exhibits, executed by Contractor for the
Property, if any, contain the entire agreement of the parties.
10.18 OTHER AGREEMENTS. Contractor represents that it has not entered into any agreements that
are inconsistent with the terms of the Project Agreement. Contractor shall not enter into any agreements
that are inconsistent with the terms of the Project Agreement without an express waiver by Sponsor in
writing.
10.19 AMENDMENTS AND MODIFICATIONS. Any amendments or modifications to the Project
Agreement must be in writing, and shall be made only if executed by both Contractor and Sponsor.
10.20 SEVERABILITY. Every provision of this Project agreement is intended to be severable. If any
provision of this Project agreement shall be held invalid, illegal, or unenforceable by a court of competent
jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be
affected or impaired.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates written below.
TEMPLE CITY COMMUNITY REDEVELOPMENT AGENCY
By:
J ulido
City Manager
Date
SAN GABRIEL VALLEY HABITAT FOR HUMANITY
By: (' !- , 0-//-/
a al a
J Jan C. Berentsen Date
President, Board of Directors
ATTEST:
By:
Michael T. Davitt Date
Secretary, Board of Directors
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EXHIBITS
EXHIBIT A: BRUSH WITH KINDNESS HOMEOWNER APPLICATION
EXHIBIT B: INSURANCE REQUIREMENTS
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Exhibit A
Brush with Kindness Homeowner Application
Brush With Kindness (13WK)
San Gabriel Valley I labitat for Humanity, Inc.
RiV 114828-0955-9814 v1
, or fax completed form to:
A Brush with Kindness
rz "-- San Gabriel Valley Habitat for Humanity
'�'�. Irwindale Ave. Azusa, CA 91702
' ior $$f,E[Y1clij400 S.l�• Ph. 626-387-6899 Fax 626-387-6890
For Of ase Only
Dale Reccived:
Cit Citation:
Referred B
Phone No.
Application No.
A Brush with Kindness is a program of San Gabriel Valley Habitat for Humanity that does exterior home repairs for low-
income homeowners who need assistance to do necessary work. Call 626-387-68go with anyuestions.
SECTION i - Homeowner Information
Legal Name of Homeowner:
Age:
Home Address: City: Zip:
Email: County:
Telephone Numbers: H: Number of Years at Address:
C: Name of Neighborhood:
Please include area code
W:
List the names, ages, and relationship to homeowner of all people living in the home
(attach a list if more space is needed):
Name/relationship: Age:
Name/relationship Age:
NameJrelationship Age:
NameJrelationship Age:
Name/relationship Age:
Is anyone in your household a veteran? ❑ Yes ❑ No Name
Is anyone in your household currently in the military? ❑ Yes ❑ No Name
S9q0Na�
Is the homeowner or anyone in the home disabled? ❑ Yes ❑ No
If yes, indicate the type of disability below (check all that apply, please describe if `other"):
❑ Uses a Walker, Cane or Crutches ❑ Wheelchair Bound ❑ Blind ❑ Hearing Impaired
❑ Loss of limb ❑ Mentally Disabled ❑ Other:
Is translation needed? ❑Yes ❑ No If yes, what language:
SECTION�f F� � �i>•�fi' nd lVlortgageIr}fQtmaitioit
The total, combined income before taxes for ALL persons living in the home is: $ per year•
You must attach verification of all HOUSEHOLD income for each adult in the house, unless a full time student (provide proof
of registration) and/or benefits for children.
(For instance, the most recent income tax return, monthly social security statement, other retirement income statements,
employment check stub and please note on attached statements if it represents annual, monthly, twice -monthly, bi-weekly or
weekly income..
Are you still making loan payments on your home? ❑ Yes ❑ No
If yes, what is your monthly payment? $ J month
After paying your monthly bills (gas, electric, insurance, food, phone, medical, etc.), approximately how much money do you
have left to spend on house repairs? � / month
SECTION 4 - Sharing Your Personal Information?
If your application is a more appropriate fit with other, similar programs may we share it with them?
❑ Yes ❑ No
Unless you give us permission to share your information with other organizations, your application will be kept confidential. If
you check yes, you give San Gabriel Valley Habitat for Humanity your consent to share the information you provide on this
application with similar organizations if A Brush With Kindness is not able to assist you.
SECTION 5 - Homeowner's Agreement
I certify that the information on this application is accurate and that I own the property at the address given on this
application.years. I confirm that any physically able
persons residing in my home or visiting for the project day(s) will work alongside the San Gabriel Valley Habitat for
Humanity JA Brush with Kindness volunteers. I confirm that, except for the conditions listed above, my home is a safe place
for volunteers.
To the extent permitted by law and without affecting the coverage provided by the required homeowners insurance, I
agree to sign the release and waiver of liability.
SIGNATURE OF HOMEOWNER DATE
Complete the following if you are not the homeowner, but are assisting the homeowner in completing this application.
Yourname: Your daytime phone number: Is homeowner aware of this application?
❑ Yes ❑ No
S�CT14N 6 - House Irilf�unnatian 71_xte�ox r . " " - �"` -:
HOUSE INFORMATION House EXterior Garage Exterior
Place a large "X" over the house (below), which most Siding Trim Siding Trim
resembles the size of your house.
❑ wood ❑ wood ❑ wood ❑ wood
❑ brick ❑ vinyl ❑ brick ❑ vinyl
15 ❑ ❑ shakes ❑ metal ❑ shakes ❑ metal
0o vv ❑stucco ❑stucco
I story 1.5 stork' 2 stor}r 2.5 stujy ❑painted stucco ❑painted stucco
❑asbestos/slate ❑asbestosfslate
Year Purchased: Year Built: ❑aluminum ❑aluminum❑vinyl ❑vinyl
Last Painted: Square Feet:
Parts of house and garage that need painting: Repairs needed on exterior:
❑ House siding
❑ House trim (around doors, windows, overhangs,
etc.)
❑ Garage siding
❑ Garage trim (around doors, windows,
overhangs, etc.)
❑ Other
SECTION 7 - Checkllst
❑ Did you complete all 11 sections of this application?
❑ Did you sign the application? (SECTION 5 AND 7)
❑ Did you enclose a copy of the deed on your home or other proof of ownership, such as a property tax receipt?
All documents submitted must show the name and address of the applicant.
❑ Do you currently have homeowner's insurance? ❑ Yes ❑ No
❑ Are you current on your homeowner's insurance premiums? ❑ Yes ❑ No
❑ Did you include a statement verifying income? This statement can be a copy of one or more of the following:
tax return, social security receipts, retirement pay receipts, or other documentation of household income. All
advU over the age of M, must submit an income document (or prove current student status) showing name and
address.
SIGNATURE OF HOMEOWNER DATE
SECTION 8 -Application History.
Have you applied to A Brush with Kindness in the past? ❑ Yes ❑ No What year(s)?
Has A Brush with Kindness done work at your home in the past? ❑ Yes ❑ No Year(s)?
SIECfION g : Media and publicity
Where did you learn about San Gabriel Valley Habitat for Humanity JA Brush with Kindness?
❑TV ❑Radio ❑Newspaper ❑F1yer ❑Friend ❑Neighbor ❑Neighborhood Organization
❑OTHER: please describe
If San Gabriel Valley Habitat for Humanity selects your home, pictures of you and your home may be taken. Are you
willing to be interviewed by media reporters? May we bring elected officials to your home?
❑ YES Interviews are okay ❑ YES Visits by elected officials are okay
❑ NO l do not want interviews ❑ NO I do not want visits by elected officials
;SECTION to- Personal Statement
Please write a brief explanation of why you feel you should be selected
and how it will help you.
SECTION 11- Requested Exterior Repairs
Briefly describe the type of work you would like done on the exterior of your home, Attach a separate piece of
paper if there is not enough space to list all repairs. Remember that the items listed below will be considered for
repair, but the final decision on what work can be done with our time and financial resources will be made at the
sliscretioo_QLSan Gabriel valley Habitatfor Humanity I A Brush with Kindness. The work done by A Brush with
Kindness will focus on warmth, safety and independence. Repairs will be agreed upon by both parties prior to
commencement.
Pleaseprint
Area of Rehr
escri tp ion
Accessibility Modifications. Examples: wheelchair
ramp, cracked sidewalk, etc.
Would you like an assessment?
❑ Yes ❑ No
Carpentry Repairs. Describe problems with exterior
doors, floors, porches, steps, walls, ceilings, etc.
Electrical Repairs. List inoperable exterior Ilghts and
receptacles.
PIumbing Repairs. Describe inoperable hose bibs,
sprinklers, etc.
Roofing Repairs. Identify where roof leaks.
Painting. List all exterior painting requirements.
Doors and Windows. Describe repairs required,
including locks, glass, frames, weather-stripping, etc.
General Cleaning. Indicate if there is cleaning and/or
trash removal required. Identify if yard work is
necessary.
Exhibit B
Contractor's Required Insurance
• Worker's Compensation: as required by California law.
• Commercial General Liability: minimum of $1,000,000 combined single limit bodily
injury and property damage, including premises and operations, owners and
contractors protective, products and completed operations, blanket contractual, and
broad form property damage.
• Business Automobile Liability: minimum limit of $1,000,000 each occurrence
applicable to all owned, hired or non -owned vehicles.
I3rush With Kindness (13WK)
San Gabriel Valley IIabilal for Ilumanily, Inc.
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